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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 1973 Page 1 of about 31 results (0.215 seconds)

Feb 23 1973 (HC)

Karoria Mal Lachhmi NaraIn Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Feb-23-1973

Reported in : [1974]96ITR479(P& H)

..... been in the ledger and that such book was not forthcoming. clearly, therefore, the assessee committed the default in compliance with the provision of section 22(4) of the indian income-tax act, 1922, when it did not produce that book, although specifically called upon to do so. the departmental authorities were, therefore, justified in rejecting the application to reopen the assessment ..... referred for the opinion of this court:'(i) whether, in the context of the facts of the case and law involved, the assessment under section 23(4) of the indian income-tax act, 1922, was illegal and invalid ? (ii) whether, in the circumstances of the case especially in the context of the acceptance of the speculation profits and losses other than the ..... finding of the learned tribunal that the notice under section 22(4) was legally issued and default in respect of it justified assessment under section 23(4) of the indian income-tax act, .1922 ? (v) whether the learned tribunal was justified in the findings that the issue and service of demand notice against the legal procedure did not vitiate the assessment ?' 4. ..... november 23, 1961. a notice under sub-section (4) of section 22 of the indian income-tax act, 1922 (hereinafter referred to as 'the act') was issued by the income-tax officer to the assessee to produce the original sauda nakal in connection with the speculative transactions, which, according to the income-tax officer, was not produced by him earlier, and the one produced by him was a .....

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Feb 22 1973 (HC)

Jagan Nath Pyare Lal Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Feb-22-1973

Reported in : [1973]92ITR207(P& H)

..... constituted under an instrument of partnership specifying the individual shares of the partners may, under the provisions of section 26a of the indian income-tax act, 1922 (hereinafter in these rules referred to as 'the act'), register with the income-tax officer, the particulars contained in the said instrument on application made in this behalf.such application shall be signed by all the partners ..... effect on april 1, 1959, and, consequently, an application dated september 2, 1959, for registration of the said firm under section 26a of the indian income-tax act, 1922, was filed on september 30, 1959, before the income-tax officer, a-ward, ludhiana, copy of which is annexure 'c' with the statement of the case. shri rabinder kumar, a partner of the firm ..... form, namely:-- ' this instrument of partnership/certified copy of an instrument of partnership, has this day been registered with me, the income-tax officer for. .... .in the state of. .... .under section 26a of the indian income-tax act, 1922, and this certificate of registration shall have effect for the assessment for the year ending on the 31st day of march 19...'( ..... deed should be signed by all the partners. there can be validly in existence an oral partnership, but, for the purposes of the income-tax act, it is specifically provided under section 26a of the act that there should be a partnership constituted under an instrument of partnership specifying the individual shares of the partners, and the precise enquiry which .....

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Jan 04 1973 (HC)

Dharam Pal Sat Dev Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Jan-04-1973

Reported in : [1974]97ITR302(P& H)

..... of a new firm.3. in order to appreciate the point involved in the case, a few relevant provisions of the income-tax act, 1961, may be reproduced.4. section 170 of the income-tax act deals with the succession of business or profession by another person who continues to carry on the business or profession, whereas ..... as to how this will affect the merits of their case, keeping in mind the view we have taken regarding the interpretation of section 187 of the income-tax act, 1961. therefore, this authority is also of no assistance to the learned counsel for the assessee.17. for the reasons recorded above, the question ..... any relevance to the facts of the present case. in that case a relief was being claimed by the firm under section 25(4) of the indian income-tax act, 19-22, as, according to the assessee, in spite of the mere changes in the constitution of the firm, the business of the firm, as ..... the calcutta high court were considering the meaning of the words 'change in the constitution of a firm' as provided in section 26(1) of the income-tax act, 1922. in that case there was only a change in the apportionment of the shares of the partners and the question before the bench was whether ..... it was a case of succession of one firm by another. it is contended that provisions of section 187(2) of the income-tax act, 1961, have been wrongly applied by the income-tax authorities and a legal entity which stood dissolved by the death of one of the partners cannot be said to be continuing when .....

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Mar 28 1973 (HC)

Roshan Lal Kuthiala (Deceased by Legal Representatives) Vs. Commission ...

Court : Punjab and Haryana

Decided on : Mar-28-1973

Reported in : [1974]93ITR542(P& H)

..... , that is, rs. 41,456. 5. thus the tribunal allowed substantive relief to the assessee but, feeling dissatisfied, the assessee asked for a reference under section 256(1) of the income-tax act, 1961. the tribunal has referred the following two questions of law for this court's opinion :'1. whether, on the facts and in the circumstances of the case, the tribunal ..... was no proper initiation of proceedings under section 271(1)(a) within the meaning of sections 274 and 275 of the income-tax act, 1961 ; (ii) the tax payable, if any, has been wrongly interpreted to be the gross tax as determined whereas the tax payable as per the demand noticeunder section 156 was rs. 41,456.67 and, therefore, the penalty is disproportionate to the ..... its passage in the legislature. section 22(2) of the indian income-tax act, 1922, as originally enacted, read as under;'in the case of any person other than a company whose total income is, in the income-tax officer's opinion, of such an amount as to render such person liable to income-tax, the income-tax officer shall serve a notice upon him requiring him to furnish, within ..... ,25,337, the amount paid under the provisional assessment, after some minor adjustments and the demand notice under section 156 of the income-tax act, 1961, was issued for rs. 41,456. this amount was paid.2. while completing the assessment, the income-tax officer gave the following direction :'also issue notice under section 28(i) for default of notice under section 22(1). charge .....

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Nov 26 1973 (HC)

Tarsem Kumar Vs. Commissioner of Income-tax and ors.

Court : Punjab and Haryana

Decided on : Nov-26-1973

Reported in : [1974]94ITR567(P& H)

..... present case. we are unable to accept this contention because the learned judges in that case proceeded to quash the authorisation and search warrants issued under section 132 of the income-tax act on two independent grounds and one of them was that the money was not in the possession of ramesh chander. however, the second ground, which also prevailed with the learned ..... fully support the contention of the learned counsel :' i have come to the conclusion that the search and seizure warrants issued under sub-section (1) of section 132 of the income-tax act were illegal, firstly, because the search and seizure warrants were issued in the name of ramesh chander and he was in fact not in possession of either the currency notes ..... is a petition under articles 226 and 227 of the constitution of india and is directed against the order of the income-tax department dated 10th may, 1972, passed under section 132 of the income-tax act, 1961, and rule 112(11) of the income-tax rules, 1962.2. the relevant facts are simple. on the 23rd august, 1970, at about 5 a.m., the petitioner, tarsem ..... , 1972, to get back the currency notes and the car. on the 12th may, 1972, the income-tax officer, b-ward, ambala cantonment, served the warrant of authorisation, dated 10th may, 1972, obtained under section 132 of the income-tax act, 1961, and rule 112(11) of the income-tax rules, on the petitioner as well as on the customs department, with the result that only the .....

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Jul 18 1973 (HC)

Ved Parkash Madan Lal Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Jul-18-1973

Reported in : [1976]102ITR213(P& H)

..... 1. this is a reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), by the income-tax appellate tribunal (chandigarh bench).2. messrs. ved parkash madan lal, the assessee, is an excise contractor. while completing the assessment for the assessment years 1960-61 and1961-62, the income-tax officer held that two hotels (dhabas) attached to the two liquor shops also ..... allowed a reasonable opportunity of being heard. the scope and effect of the expression 'mistake apparent from the record' and the extent of the powers of the income-tax officer under section 35 of the act were discussed by this court in venkatachalam v. bombay dyeing and . : [1958]34itr143(sc) where the facts were these: a sum of rs. 50,063 being interest ..... is no escape from this conclusion that the mistake in the order of assessment for the year 1962-63 was apparentfrom the record and the income-tax officer, in exercise of his powers under section 154 of the act, was competent to rectify the same. there is no dispute that the assessment order for the year 1962-63 was passed on the 'basis ..... the appellate assistant commissioner, the assessee filed an application under section 154 of the act before the income-tax officer praying for the rectification of his order of assessment for the year 1962-63 and for the exclusion of the income from the two hotels from the total income. the income-tax officer rejected the application on the ground that the matter did not fall within the .....

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Feb 14 1973 (HC)

Gumani Ram Siri Ram Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Feb-14-1973

Reported in : [1975]98ITR337(P& H)

..... produced before us. the addition is confirmed.' 5. this order was passed on january 12, 1972, and the applicant filed an application under section 256(1) of the income-tax act, 1961, before the income-tax appellate tribunal for referring the following questions of law arising out of its order dated january 12, 1972: '(i) whether, on the facts and in the circumstances of this ..... amount. the ratio oi the assam decision, therefore, cannot be made applicable to the instant case. 11. the learned counsel for the department has referred to section 68 of the income-tax act, 1961, which is as under : '68. where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about ..... money found to have been received by the assessee is on him. if he disputes liability for tax, it is for him to show either that the receipt was not income or that if it was, it was exempt from taxation under the provisions of the income-tax act.' 9. the learned counsel for the petitioner, however, relies on the judgment of the division bench ..... of the assam high court in tolaram daga v. commissioner of income-tax the facts of which were :'a deposit was shown to have been made by the wife of the partnerin .....

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Oct 17 1973 (HC)

Additional Commissioner of Income-tax Vs. Bipan Lal Kuthiala

Court : Punjab and Haryana

Decided on : Oct-17-1973

Reported in : [1975]98ITR343(P& H)

..... assessee') is a regular assessee and on the basis of the assessment made during the previous year, a notice was issued to him under section 18a(1) of the indian income-tax act, 1922, on 15th may, 1958, directing him to pay a sum of rs. 65,067 in four equal instalments during the financial year 1958-59 as advance ..... . anwar ali) was as under :'whether, on the facts and in the circumstances of the case, the income-tax authorities were justified in imposing a penalty on the assessee under section 28(1)(c) of the income-tax act?'8. their lordships of the supreme court observed that the majority of the high courts had expressed the view that proceedings under section 28(1)(c ..... harbans singh, c.j.1. this is a petition under section 256(2) of the income-tax act, 1961 (hereinafter referred to as the act), asking for a direction to be issued to the income-tax appellate tribunal (hereinafter referred to as the tribunal) to refer the following question of law to the high court for its opinion ;'whether, on the facts and in the circumstances ..... had given an estimate which was false and inaccurate to ms knowledge or he had reason to believe the same to be incorrect. consequently, the income-tax officer issued a notice under section 273(1)(a) of the act and, after hearing the assessee, imposed a penalty of rs. 25,000, which was approximately 33 per cent. of the maximum penalty imposable. ultimately .....

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Dec 03 1973 (HC)

Commissioner of Income-tax Vs. S. Swaran Singh Shah

Court : Punjab and Haryana

Decided on : Dec-03-1973

Reported in : [1974]97ITR205(P& H)

..... , if any, may please be waived under section 271(4a) of the income-tax act.'4. later on, the income-tax officer initiated proceedings under section 271(1)(a) of the act with regard to the assessment years 1958-59 and 1959-60. the income-tax officer directed that penalties in the sum of rs. 24,671 and rs. ..... . there is no dispute that the assessee did commit default in terms of section 271(1) (a) and (c) of the income-tax act, 1961 (hereinafter referred to as 'the act'). the income-tax officer, for the assessment years 1958-59 and 1959-60, finally assessed the assessee on 29th march, 1967. the total ..... , new friends colony, taylor road, amritsar. please refer to your letter no. j-jj/cit/s-51/2331, dated the 18th june, 1968, on the subject mentioned above. 2. the proposals ..... to the inspecting assistant commissioner of income-tax, who in turn conveyed it to the income-tax officer and the income-tax officer conveyed it to the assessee. the decision of the commissioner is at annexure 'e' and is in the following terms:'sub.: voluntary disclosure scheme under section 271(4a) of the income-tax act, 1961, shri swaran singh shah ..... 1. the following question has been referred to us for our opinion, under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in deleting the .....

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Sep 24 1973 (HC)

S.P. Gramophone Co. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Sep-24-1973

Reported in : [1974]97ITR532(P& H)

..... with no success and the order of the appellate assistant commissioner was affirmed.11. the assessee then moved an application under section 66(1) of the income-tax act and wanted the tribunal to refer as many as nine questions of law for the opinion of this court. the tribunal, however, only referred three ..... ) whether, on the facts and in the circumstances of the case, the assessee is entitled to registration under section 26a of the indian income-tax act, 1922, read with rule 6 of the income-tax rules, 1922 ? (3) whether, on the facts and in the circumstances of the case and in view of the fact that the ..... tribunal, delhi bench '4', has referred thefollowing three questions of law for our opinion under section 66(1) of theindian income-tax act, 1922:'(1) whether, on the facts and in the circumstances of the case, and on a true construction of the instrument of ..... is a benamidar of the other, it would not warrant the rejection of the application under section 26a of the act. see, in this connection, the decision of the supreme court in commissioner of income-tax v. abdul rahim and co. : [1965]55itr651(sc) 20. for the reasons recorded above, the answer to ..... the said firm applied for registration for the assessment year 1961-62 under section 26a of the act. the application is dated 15th of september, 1960. the application was accompanied by the deed of partnership. the income-tax officer, however, rejected the assessee's application for registration because he was of the opinion that .....

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